Clarke v Maltby [2010] EWHC 1201 (QB) (28 May 2010)

Clarke v Maltby [2010] EWHC 1201 (QB) (28 May 2010)

The court found, on the balance of probabilities and based on the expert and lay evidence, that the claimant's ongoing cognitive, behavioural, and emotional symptoms are genuine, attributable to traumatic brain injury sustained in the accident, and not exaggerated. The claimant has made a full recovery from major...

Source-derived case information.

Citation
[2010] EWHC 1201 (QB)
Parties
Claimant: Estelle Maria Clarke; Defendant: Colin Maltby
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Personal Injury Road Traffic Accident / Assessment of Damages After Liability Admitted
Outcome
Judgment for the claimant on assessment of damages
Legal Topics
Assessment of Damages, Loss of Earnings, Traumatic Brain Injury, Psychiatric Injury, Causation, Expert Evidence
Personal Injury Tort Law Assessment of Damages Loss of Earnings Traumatic Brain Injury Psychiatric Injury Causation Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Estelle Maria Clarke

Claimant

Colin Maltby

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Assessment of Damages After Liability Admitted

Legal Issues

  1. 1 Whether the claimant's ongoing symptoms are attributable to the accident
  2. 2 Whether the symptoms are due to psychiatric injury or traumatic brain injury
  3. 3 Extent of the claimant's loss of earnings and earning capacity

Ratio Decidendi

The court found, on the balance of probabilities and based on the expert and lay evidence, that the claimant's ongoing cognitive, behavioural, and emotional symptoms are genuine, attributable to traumatic brain injury sustained in the accident, and not exaggerated. The claimant has made a full recovery from major depressive disorder and her PTSD is now at a sub-clinical level. The continuing symptoms materially impair her ability to function as a solicitor in private practice, resulting in a significant loss of earning capacity. The court preferred the evidence of the claimant's experts over the defendant's.

Court Disposition

Judgment for the claimant on assessment of damages

Orders

  • Defendant to pay damages to the claimant for personal injury, including general damages and loss of earnings
  • Defendant to pay claimant's costs